AMERICAN TOWER ASSET SUB, LLC AND AMERICAN TOWER ASSET SUB II, LLC V BUFFALO-LAKE ERIE WIRELESS SYSTEMS, CO., LLC
Motion No: CA 12-01779
Slip Opinion No: 2012 NY Slip Op 89680(U)
Decided on November 5, 2012
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


November 5, 2012

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 12-01779

AMERICAN TOWER ASSET SUB, LLC AND AMERICAN TOWER ASSET SUB

II, LLC, PLAINTIFFS-APPELLANTS,

V

BUFFALO-LAKE ERIE WIRELESS SYSTEMS, CO., LLC,

DEFENDANT-RESPONDENT.


Respondent having moved for an extension of time to file and serve a brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 25, 2012,

Now, upon reading and filing the affirmation of Thomas J. Gaffney, Esq., dated October 23, 2012, the notice of motion with proof of service thereof, and the affirmation of Elizabeth M. Bergen, Esq., dated November 1, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that the brief is filed and served on or before November 30, 2012, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before December 17, 2012.

Entered: November 5, 2012

Frances E. Cafarell, Clerk